In a significant ruling addressing fraudulent land transactions, High Court Justice Karen Reid has delivered a decisive verdict favoring a landowner’s estate while ordering substantial financial restitution from unauthorized developers. The January 6 judgment dismissed all claims seeking specific performance of sale agreements against Joseph Dhanoosingh’s estate, simultaneously awarding over $4.85 million in refunds against Glenn Thomas and Mass Contracting Company Ltd for collecting payments without proper authorization.
The consolidated legal proceedings originated from residential lot sales at Jackson Trace, Buenos Ayres, Erin, where approximately 63 purchasers alleged they were defrauded by a real estate agent and development company. The claimants, represented by Fitzroy Williams and Neil Bishop, contended that Thomas operated as a real estate agent selling properties on Dhanoosingh’s behalf through Mass Contracting, which purportedly held an exclusive agency agreement dated February 10, 2016.
Justice Reid’s meticulous examination revealed critical limitations in the agency agreement. While permitting advertising and site visits, the contract explicitly required all payments to be directed to the landowner and did not authorize written sale agreements or collection of deposits by the agent or developer. The court found no evidence that Dhanoosingh attended meetings, provided assurances, or ratified transactions conducted by Thomas and Mass Contracting.
‘There is absolutely no evidence proving or corroborating any involvement by the third defendant (Dhanoosingh) in the claimants’ transactions,’ Justice Reid stated in her ruling. She further determined that Thomas and Mass Contracting operated as independent contractors without actual or ostensible authority to represent themselves as landowners or enter into binding agreements.
The judgment emphasized that none of the agreements were executed as Dhanoosingh’s agents, and all documents expressly required payments to be made directly to the landowner. Accepting payments while presenting themselves as vendors constituted a clear violation of the limited authority granted in the 2016 agreement.
With Thomas and Mass Contracting failing to defend themselves in proceedings, the court entered judgment against them for damages totaling $4,854,500—representing proven payments from dozens of purchasers. Specific performance was denied since the developers lacked ownership rights to the property. The court additionally dismissed all claims against Ronald Singh as administrator ad litem of Dhanoosingh’s estate, ordering claimants to pay 50% of the estate’s prescribed costs.
The ruling serves as a robust reinforcement of property rights and contractual boundaries, establishing important precedents regarding agency relationships in real estate transactions. Legal representation included Gilbert Peterson, SC, and Amerelle Francis for the claimants, with Chanka Persadsingh and Kiran Lutchmedial representing Dhanoosingh’s estate.